[Wiki Loves Monuments] MIBAC agreement for Wiki Loves Monuments in Italy

Platonides platonides at gmail.com
Fri Sep 14 21:42:23 UTC 2012

El 14/09/12 17:40, Cristian Consonni escribió:
> 2012/9/14 Platonides <platonides at gmail.com>:
>> This will likely appear several times at COM:DR, having to be explained.
>> It would be worse if someone tried to do the same with their own photos
>> (I place them under CC-BY-SA but I require a fee) but I don't think they
>> could since they would only have copyright to battle with.
> Won't work.
> If a photographer wants to ask a fee for the use of his/her photos the
> law which is permitting him to do so is copyright law, i.e. the
> monopoly (albeit temporary) granted by the state the exclusive rights
> over the use of a work of art to the author of the work itself.
> Creative Commons licenses are enforced by the same law, i.e. the
> author, since he is the person with the right to do so, grants a
> thirds party the possibility to reproduce, re-use, etc his work. So
> you can not use the same copyright law to grant a right and negate it
> at the same time.
> The (Italian) law for which you have to request authorization to
> publish photos of Italian cultural heritage come is *a different law*
> from copyright law, it has different grounds, namely it is based on
> the fact that the Italian States thinks it has the right to decide
> whether the picture of a monument can be published or not, with the
> aim of protecting the monuments via protecting (the "decency" of)
> their images.

That's why I said "I don't think they could".

It's interesting to note that after reading the first mail I thought
that the fee was to be paid to the owner (ie. the Soprintendenza would
say if you need to pay a fee to the monument owner or not). Rereading it
now, I think I was wrong and you needed to pay it to the Soprintendenza.

>> Still, those photos are not completely free.
> Disagree, they are completely free regarding the subject of copyright,
> and that's why the lawyers we contacted (which are people from
> Creative Commons Italia) assured us that this agreement (disclaimer
> included) is compatible with CC-BY-SA.
> Cristian

I was refering to «free» in a greater scope, not just in copyright terms.
Applying a similar test to those of DSFG:

After a shipwreck in a storm, you arrive to an island isolated from the
rest of the world, far from any commercial route, and there's little to
no hope of return. However, there's a prosperous nation there where you
get shelter. The inhabitants are sympathetic to you, and very interested
in the news you carry about the outside world. Luckily, your laptop is
intact, as are your solar panels.
You also happen to have a copy of Wikipedia stored in your hard disk,
which turns out to be very handy for explaining the science and
inventions from the external world. You are soon proclaimed as the most
erudite person of the island. Sadly, your single computer does not
escale to making the vast knowledge stored on it available for all the
people living in that country.
Electricity or computers are completely unknown there, so there's no way
of copying the wikipedia files. Therefore, you and other intellectuals
embark in a lengthy process for converting all wikipedia articles into
their printing press system, making books which are to be sold by a
nominal fee.
Their publishing process is very advanced, and your group very soon
discovers a way to embed color images (which are very common on their
books) from your computer, by holding a specially treated rice paper to
the screen, which capture the image (albeit with a quality loss) and
then serves as a master copy. This way, the articles of the encyclopædia
being published are enriched with the hundred of images and diagrams
that were stored with your offline copy. Sadly, no photos of Italian
monuments could be included, since it's impossible for any of you to
reach the soprintendenza.

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